Texas Sen. Ted Cruz on Thursday admitted he had "no evidence" about the leaker of a Supreme Court draft opinion that seemingly signaled the pending overturning of Roe v. Wade, but he then added it "most likely" stemmed from a clerk for Justice Sonia Sotomayor.

"I think it is very, very likely a law clerk. And it is very, very likely a law clerk for one of the three liberal justices," said Cruz (R-TX), before specifying he believed the clerk worked with Sotomayor, an appointee of former President Barack Obama, "because she's the most partisan of the justices."

"And so she's the most likely to hire wild-eyed partisans as clerks," he said on his podcast Verdict with Ted Cruz Thursday. The senator later clarified in the program: "I have no evidence of that. I'm just making an inference."


Since the leak of the draft opinion authored by Justice Samuel Alito on Monday, the high court has verified the draft as "authentic." However, it underscored that the draft does not represent the final opinion yet to be released by the justices, according to a joint statement on Tuesday from the court's public information office and Chief Justice John Roberts.

Cruz only kept his musings open to "three liberal justices," without mentioning even the possibility that any of the remaining six Republican-appointed justices and their clerks could be the originators of the leaked draft.

"That means there are 12 human beings who are your likely suspect pool," he said, adding, "That's not a big likely suspect pool."

Cruz was himself a clerk in the mid-1990s for then-Chief Justice William Rehnquist. The Princeton University and Harvard Law School graduate is now a member of the Senate Judiciary Committee.

Public tensions have run high across the country that the near half-century precedent establishing legal abortions nationwide could soon be turned back to the authority of the states to make sweeping decisions about the limits for abortion procedures.

Roberts ordered the marshal of the court to investigate the origin of the leak Tuesday. So far, there has been no word on likely suspects or the nature of the investigation despite calls by some GOP lawmakers, including Senate Minority Leader Mitch McConnell, for the Justice Department's involvement.

Large security fencing was erected around the high court Wednesday night in response to protests surrounding the draft opinion in Dobbs. v. Jackson Women’s Health Organization, which appeared to signal a majority of justices are poised to allow a 15-week ban on abortion in Mississippi to stand, while also clearing states such as Texas and Oklahoma the legality to set abortion bans as low as six weeks after gestation.


Senate Majority Leader Chuck Schumer has scheduled a vote for Wednesday next week over codifying Roe to become a law, though Democrats likely lack the support to achieve a two-thirds majority to pass such legislation.

A final decision over Dobbs is expected sometime between now and the end of June.